THERESA AKUA BANSUA (PLAINTIFF/RESPONDENT) vs. KWAME DAPAAH ALIAS KWAME ABOSI, KWAME SAMOAH, KWAKU ASANTE AND KWADWO BEKOE (DEFENDANT/APPELLANT)

VICTOR D. OFOE, JA: The parties are relations disputing the capacity of one Kofi Buor giving out by testamentary disposition House No. NK.124, Kwadaso Kumasi and farming land at a place variously known as Sereho, or Kusi-shed, Gyesereho or Desereho . Opanin Yaw Nkrumah, 1st plaintiff who died in the course of trial had Kwame Boakye, Kwesi Kyei, Kofi Buor and Kwame Mensah as brothers. It is also in evidence that Antobrah is an uncle to Kwame Boakye. First two defendants are the executors of the will of Kofi Buor and the other two are beneficiaries under the said will. The primary issues for determination at the trial court was whether the Cocoa farm lying at Desereho or Kusi-shed was acquired solely by Opanin Kwame Boakye or was jointly acquired with Opanin Kofi Buor. And whether the House No. NK 124 Kwadaso Kumasi was acquired solely by Opanin Kwame Boakye. Whilst the plaintiff/respondent(herein referred to as plaintiff) contends that the said properties willed out by Kofi Buor to ...